DUDH NATH RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE solitary appellant, Dudh Nath Ram, was tried by the learned 2nd Additional Sessions Judge, Siwan in Sessions Trial No. 3 of 1992 after being charged with committing offence under Section 302 of the Indian Penal Code. By judgment and order of sentence dated 07.09.1992, the appellant was held guilty of committing the offence he had been charged with and was directed to suffer rigorous imprisonment for life. The appellant appeals to this Court against the impugned judgment of conviction and order of sentence.

(2.) THE prosecution case in short was that the wife of the informant named Dayamuni Devi had some altercation with the mother of the appellant. The appellant was complained by his mother that the deceased had branded her a Dain and, as such, the appellant had picked up a piece of brick and had hurled it on to the head of the deceased who became injured. She was brought to the hospital and was again brought back to her house, where she died subsequently.

(3.) TEN witnesses were examined by the prosecution out of whom P.Ws. 1, 2, 3 and 5 were declared hostile on account of not supporting the prosecution case. In fact these witnesses gave a single line evidence that they did not know anything about the occurrence. P.W.4 Arjun Ram was a witness to inquest and he also stated that the document was not prepared in his presence and that was the reason that he was also declared hostile. P.W.6 Mokhtar Mian had not supported the prosecution story, but he was not declared hostile. P.W.7 Sakaldeo Singh was a witness of formal character who proved the writings of the First Information Report.